Definitions

Easement - grants the right to use property for a specific purpose, which may be temporary or permanent. For example, a flowage easement is the right to flood the property.

Encroachment - (ER 405-1-12) a structure or improvement built, installed or established which interferes ·with a real estate interest of the United States, either a fee interest or an easement if such is prohibited in the deed. An encroachment has occurred where a structure or improvement extends over, across in or upon lands in which the Government owns a real estate interest that would prohibit such a structure or improvement and the structure or improvement has not been approved.

Structure or improvement  (ER 405-1-12) a permanent or semi-permanent facility, such as, a habitable dwelling, building, fence, deck, porch, barn, outhouse, permanent storage building, road, pond, leach field and septic tank, utility line, levee, excavation, placement of fill material, oil and gas well, mine entrance and tunnel.

Unauthorized Structures (36 CFR 327.20)  The construction, placement or existence of any structure (including but not limited to, roads, trails, signs or landscape features) of any kind under, upon, in or over the project lands or waters is prohibited unless a permit, lease, license or other appropriate written agreement has been issued by the District Commander (through actions of the Real Estate Contracting Officer). The design, construction, placement, existence or use of structures in violation of the terms of the permit, lease, license or other written agreement is prohibited. The Government shall not be liable for the loss of or damage to private structures, whether authorized or not, placed on project lands or waters. Unauthorized structures are subject to summary removal or impoundment by District Commander.

Enhancement -

Fee Title - real property for which the U.S. Government has all right, title, and interest, rather than a partial interest.

Flowage Easement  land where the U.S. Government has purchased the right to flood the property.

General Plans  The Fish & Wildlife Coordination Act of 1958, PL 85-624, requires the Corps to coordinate with the U.S. Fish & Wildlife Service on civil works projects undertaken by the Corps to insure that fish and wildlife issues are given consideration during the planning and operational phase of a project. The law required preparation of a General Plan during the planning phase to establish who would be responsible for managing wildlife on project lands. In some cases project lands were turned over to USFWS to be managed as a National Wildlife Refuge or were outgranted to a state wildlife agency to be managed for wildlife. In many cases, no other agency took responsibility for fish & wildlife management, thus leaving that responsibility to the Corps in spite of the Corps shadow world authority to manage for fish and wildlife purposes. The Fish & Wildlife Coordination Act requires the Corps to coordinate with the USFWS when moderately significant actions, such as a major outgrant, occur at an operational lake. The coordination generally takes place during preparation of any environmental documentation prepared pursuant to the National Environmental Policy Act, but may also take place during routine actions such as a timber harvest or resolution of an act of trespass involving damage to wildlife habitat.

Land Use/Non-Rec Policy -

Mitigation -

Outgrant - a legal document setting out the terms and conditions of non-Army use of real property. The outgrant program involves the government as landowner managing its real property holdings and authorizing the use of that property by others. Realty outgrant instruments consist of leases, licenses, easements, and permits.

Private Exclusive Use -

Real Property - any interest in land, together with the improvements, structures, and fixtures located on the land, under the control of the Army.

Trespass - (ER 405-1-12) unauthorized transient use and occupancy; such as livestock grazing, mowing, planting, cultivation, and harvesting of crops, timber cutting and removal.